New York Statewide Coalition of Hispanic Chambers of Commerce, et al. v. New York City Department of Health and Mental Hygiene, et al.

New York Court of Appeals

Tab Group

U.S. Chamber's Position

The U.S. Chamber of Commerce led a large, diverse business coalition in support of a legal challenge against New York City's so-called "soda ban," a portion cap rule that bans some businesses from selling some large sugary beverages. The Chamber's amicus brief argues that the ban is a reckless, ill-conceived, top-down regulation that has little change of meaningfully affecting the City's purported health objectives. 

The Chamber explained that the business community is very interested and attentive to national health and wellness trends, both because employers often bear the costs of health care, and because businesses must be responsive to market demands, which often call for informative labeling and healthy products. For these reasons, the business community has been on the cutting edge of private sector led voluntary initiatives to improve national health and wellness.

Disappointingly, in passing the "soda ban," the City failed to engage directly with the business community to develop alternative, non-regulatory solutions to the nation's complex health care challenges. The heavy-handed regulatory approach threatens to crowd out evolving and innovative public-private partnerships to address the nation's health care problems, including rising obesity.

The Chamber's amicus brief also lays out five fundamental principles of "responsible regulation," and explains how the City's "soda ban" violates each one. The ban is riddled with nonsensical loopholes that undercut the claimed health objectives of the rule, resulting in a costly and unfair regulation.

The amicus coalition includes the U.S. Chamber, National Black Chamber of Commerce, National Federation of Independent Businesses, National Association of Manufacturers, New York Association of Convenience Stores, Greater Harlem Chamber of Commerce, Manhattan Chamber of Commerce, and Staten Island Chamber of Commerce. 

Alexandra A. E. Shapiro, Marc E. Isserles, and Chetan A. Patil of the law firm Shapiro, Arato & Isserles LLP served as the Litigation Center's co-counsel on the brief.

Procedural History

U.S. Chamber amicus brief filed 5/9/13.

Oral argument held 6/11/2013.

Decided by New York Supreme Court, Appellate Division 7/30/13.

U.S. Chamber amicus brief filed 4/25/2014. 

Decided by New York State Court of Appeals 6/26/2014.